S02 36C26226Q1370 - AST Inspections_Certifications.docx

SUBJECT*

AST Inspections & Certifications

GENERAL INFORMATION

NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

POINT OF CONTACT*

Contract Specialist ElBedawi, Jamie jamie.elbedawi@va.gov

PLACE OF PERFORMANCE

11301 Wilshire Blvd.

Los Angeles CA

ADDITIONAL INFORMATION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01, effective 03/13/2026.

This solicitation is set-aside for Small Businesses. This is a firm-fixed-price contract. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541620 – Environmental Consulting Services, with a small business size standard of $19.0 Million.

The FSC/PSC is H399 – Inspection - Miscellaneous Wage Determination 2015-5613 (Rev32), dated 05/13/2026 applies to this requirement.

The Department of Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS) requires a service to perform 30-day Inspections of Underground Storage Tank, Annual Instrumentation Certifications of Fuel Storage Tanks, and Annual Certification of gasoline dispensing equipment.

Questions regarding the solicitation should be submitted via email no later than 12:00 MST Thursday, August 27th, 2026, to jamie.elbedawi@va.gov All quotes shall be sent via email only to the Government point of contact ElBedawi, Jamie at Jamie.elbedawi@va.gov by September 04, 2026 at 17:00 MST, unless otherwise extended by an amendment to this solicitation. The email shall contain the subject line:

Response to Solicitation 36C26226Q1370 – Contractor Name – AST Inspections & Certifications

A.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262 Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Downtown LA Clinic (LAACC) – Every 30-Day Designated Operator Inspections for Vaulted AST (by regulations considered as UST) Contract Period: Base POP Begin: 09-21-2026 POP End: 09-20-2027 PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: H399 - Inspection - Miscellaneous

Annual Training for Designated Operators (LAACC only) Training must be provided by California State certified designated operator inspector

POP Begin: 09-21-2026 POP End: 09-20-2027

West LA Medical Center – Annual SCAQMD Rule 461 Vapor Recovery Test

POP Begin: 09-21-2026 POP End: 09-20-2027

Sepulveda Ambulatory Care Center – Annual SCAQMD Rule 461 Vapor Recovery Test

POP Begin: 09-21-2026 POP End: 09-20-2027

VA West Los Angeles (WLA) - Annual Certification of Tank Instrumentation Monitors by California Certified Tank Repairman for fuel tanks this certification tests tank instrumentation is properly calibrated and fuel level alarm sensors are working.

POP Begin: 09-21-2026 POP End: 09-20-2027

VA Sepulveda ACC (SACC) - Annual Certification of Tank Instrumentation Monitors by California Certified Tank Repairman for fuel tanks this certification tests tank instrumentation is properly calibrated and fuel level alarm sensors are working.

POP Begin: 09-21-2026 POP End: 09-20-2027

VA Los Angeles ACC (LAACC) – Annual Certification of Tank Instrumentation Monitors by California Certified Tank Repairman for fuel tanks this certification tests tank instrumentation is properly calibrated and fuel level alarm sensors are working.

POP Begin: 09-21-2026 POP End: 09-20-2027

A.3 Statement of Work (SOW)

1. Contract Title

AST Inspections & Certifications

2. Background

The Department of Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS) requires a service to perform 30-day Inspections of Underground Storage Tank, Annual Instrumentation Certifications of Fuel Storage Tanks, and Annual Certification of gasoline dispensing equipment.

The Environmental Protection Agency (EPA) mandates inspections of storage tanks (USTs) every 30 days, annual certifications of monitoring instrumentation tanks, and certification vapor emission control devices on gasoline fuel dispenser compliance.

This SOW covers the following:

· 30-Day Designated Operator Inspections of UST (a 5,000-gallon vaulted AST) by a third party independent, California Designated Operator inspector with annual training of VA staff.

· Fuel Tank Monitor Instrumentation Annual Certifications

· West Los Angeles Medical Center – 11 AST tanks

· Sepulveda clinic – 4 AST tanks

· Downtown Los Angeles Clinic – 1 vaulted AST tank (below ground level installation)

a) Test Panel for Proper Function

b) Remove Covers that house Sensors

c) Test Each Sensor for Proper Function

d) Ensure Sensors are Clean and Properly Located

e) Attach Test Verification Stickers to Certified Components

f) Complete Official Certification Forms

· SCAQMD Rule 461 Vapor Recovery Testing and Reverification gasoline at 2 gasoline stations

· West Los Angeles Medical Center - 1 AST

· Sepulveda Ambulatory Clinic – 1 AST

a) Notification and confirmation to Air Quality Management District

b) Perform Pressure Decay TP201.3 Test

c) Perform Leak Rate and Cracking Pressure of P/V Vent Valve (Required every 3 Years)

d) Any other required testing per AQMD Permit

e) Test Result Preparation and Submittal to Air Quality Management District

3. Scope

Contractor shall provide all manners, means, methods, equipment, expertise, incidentals, labor, materials, supervision, supplies, transportation, and qualified personnel required for the visual inspection of Government owned tanks.

Retain all inspection and tank certification records for at least 4 years. Records must be signed and dated by inspector. SCAQMD testing results must be submitted to South Coast Air Quality Management District.

4. List of Annual tank monitoring instrumentation certification by a California certified instrumentation tester/repairman

VA West Los Angeles (WLA)

· 11 ASTs VA Sepulveda ACC (SACC)

· 4 ASTs VA Los Angeles ACC (LAACC)

· One Vaulted 5000-gallon AST

5. 30-Day Designation Operator Inspection

30-Day Designated Operator Inspection Vaulted Tank – Annual Employee Training Included in underground garage at LAACC clinic

6. Annual SCAQMD Annual Certification of Gasoline Fuel Dispensers Rule 461

Reverify with source testing the vapor emission controls meet SCAQMD rules. SCAQMD certified tester is required.

· West Los Angeles Medical Center Gas Station – 1 gasoline dispenser

· Sepulveda Clinic – 1 gasoline dispenser

7. Applicable Documents, Standards, Laws and/or Regulations

The following is a list of various applicable standards, policies, regulations, and/or governing bodies. Contractor is responsible for adhering to all current additions of applicable standards, policies, regulations, and/or governing bodies.

· Title 40 Chapter 1, Subchapter D, Part 112

· Clean Water Act 33 U.S.C. §1251 et seq. (1972)

· California Aboveground Petroleum Storage Act (ASPA)

· California Code of Regulations, Title 27, Division 1, Subdivision 4

· California Code of Regulations Title 23, § 2716

· South Coast Air Quality Management District Rule 461

· All other applicable local, State, and Federal laws / regulations

8. Contractor Qualifications & Other Responsibilities

a) Contractor shall obtain all necessary licenses required to perform this work. Contractor shall take all precautions necessary to protect people and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

b) Furthermore, contractor and contractor’s employees performing on this contract shall have qualifications, experience, licenses, and certifications:

1) Contractor and/or contractor’s employee(s) shall have current required certifications prior to award of contract for California Designated Operator and Repair Person certification, and SCAQMD certification for Rule 461 testing respectively.

c) The Government reserves the right to accept or reject Contractor’s employees for the rendering of services. Complaints concerning contract personnel’s performance or conduct will be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

9. Safety Requirements

a) All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VAGLAHS shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

b) Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

c) Contractors shall abide OSHA’s standard for confined spaces (29 CFR 1910.146) which contains the requirements for the practices and procedures to protect employees in general industry from the hazards of entering permit spaces.

d) Confined Spaces: A confined space is a space large enough and so configured that an employee can bodily enter and perform assigned work. In addition, it has limited or restricted means for an entry and is not designed for continuous employee occupancy. Pits, excavations, tanks, vaults, boilers, storage bins, compartments, silos, vats, tubs, ducts, pipelines, sewers are typical confined spaces. Entry into a confined space and confined space testing are the contractor’s responsibility. Contractor will advise government representative prior to confined space entry work.

e) Contractor shall present a work plan and Health and Safety Plan must be submitted and approved prior to any work. Shall follow California Code of Regulations, Title 8- Industrial Relations Division 1. Subchapter 7, group 16. Control of Hazardous Substances Article 108 on Confined spaces

10. Work Plan & Health and Safety Plan

The contractor shall submit a Work Plan and a Health and Safety Plan for approval prior to commencing any work. All activities must comply with the California Code of Regulations, Title 8, Industrial Relations, Division 1, Subchapter 7, Group 16, Control of Hazardous Substances, Article 108 on confined spaces.

11. Check In/Out Procedures & Report Requirements

a) All inspections will be completed from 8:00 AM – 3:30 PM, the Contractor shall report upon arrival and departure to the Safety Department and sign in before proceeding to the job site and sign out as well. This check-in is mandatory.

1) For West Los Angeles Medical Center – the contractor will physically report in at Bldg. 222 Room 106.

2) For the Sepulveda Ambulatory Care Clinic – the contractor will physically report to Bldg. 1, Room 36 or the facility manager’s office. If contractors are unable to find a designated VA employee, contractor is to contact COR.

3) For the Los Ambulatory Care Clinic – the contractor will physically report to facilities department. If contractors are unable to find a designated VA employee, contractor is to contact COR.

b) Contractor shall submit in writing a summary report of inspection to the COR. As a minimum, this report shall contain a detailed description of any service performed and any recommendations necessary to meet regulations. A complete report shall be submitted to the COR by email within 7 business / working days. This report will summarize all inspections performed and any exceptions to inspection conditions since last report.

12. Performance Monitoring

Routine inspections to include acceptance will be performed by VA Personnel (Engineering / Safety) and the designated COR.

13. Delegation of Authority

No additional service shall be provided without the approval from the Contracting Officer (CO) or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the CO or his/her delegated representative acting within the limits of his/her authority.

14. Authorized Services

Only those services specified herein are authorized under this contract. Before permitting and/or performing any service of a non-contract nature, the Contractor shall advise the CO of the reason (s) for the additional work and/or service. The Contractor is cautioned that only the CO or his/her designee may authorize additional service that are within the scope of this contract and that reimbursement shall not be made unless prior authorization is obtained from the CO. All changes to the contract shall be issued through a contract modification in writing from the CO to the Contractor.

15. Security Requirements

The C&A requirements do not apply, and Security Accreditation Package is not required.

This service does not involve Contractor connection of one or more contractor-owned IT devices (such as laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public network) therefore Information Technology (IT) Security certification and accreditation (authorization) (C&A) requirements do not apply per VA Handbook 6500.6.

16. Place of Performance

West Los Angeles VA Medical Center 11301 Wilshire Blvd.

Los Angeles, CA 90073

VA Sepulveda Ambulatory Care Center (SACC) 16111 Plummer Str.

Sepulveda, CA 91343

VA Los Angeles Ambulatory Care Center (LAACC) 351 E. Temple Str.

Los Angeles, CA 90012

17. Travel

All travel shall be responsibility of the vendor. Whenever possible, conference calls and video conferencing should be used.

18. Period of Performance

Work Hours

Normal hours of operation are Monday through Friday from 6:00 am to 6:00 pm Pacific time. All work is expected to be performed generally during normal hours of coverage unless requested or approved by the COR or his/her designee.

Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building. All work performed, to include delivery of materials and equipment, shall be made with minimal interference to Government operations and personnel.

Work performed outside the normal hours of coverage must be approved by the COR or his/her designee.

All time shall be approved in advance by the Contracting Officer’s Representative (COR). Allow 5-days for approval of any alternate working hours needed.

Federal Holidays

If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any day specifically declared by the President of the United States of America.

19. Identification, Check-in, Parking, and Smoking Regulations

Identification

The vendor's employees shall wear visible identification at all times while on VAGLAHCS premises. Contractor employees shall report to VA Police upon entry to the VAGLAHCS facility to get a visitor badge. Contractor employees are required to be escorted by the COR or designee’s office once on campus prior to commencement of work. During emergencies contractor personnel shall check in with VAGLAHCS Police if the VAGLAHCS COR or designee is not available.

Parking

It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations.

Smoking

Veterans Health Administration (VHA) Directive 1085, dated March 5, 2019, provides a comprehensive smoke-free policy for patients, visitors, contractors, volunteers, and vendors, at the Department of Veterans Affairs (VA), Veterans Health Administration (VHA) health care facilities. This updated VHA directive implements a smoke-free policy for patients, visitors, contractors, volunteers, and vendors at VA health care facilities, as defined in this directive, based on scientific evidence regarding the adverse health effects of secondhand and thirdhand smoke exposures.

The Assistant Deputy Under Secretary for Health for Administrative Operations (10NA) and the Assistant Deputy Under Secretary for Health for Clinical Operations (10NC) are responsible for the contents of this directive. Questions may be referred to VHA Smoke Free: vhasmokefree@va.gov.

This VHA directive is scheduled for recertification on or before the last working day of March 2024. This VHA directive will continue to serve as national VHA policy until it is recertified or rescinded.

Weapons and Contraband

Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract. Enclosed containers, including tool kits, shall be subject to search. Violations of VAGLAHCS regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Safety

All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VAGLAHCS shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR), Parts 1910 and 1926, NFPA 70E, Article 130.7 29 CFR 1910.132(d)(1)(iii), 29CFR1910.137.

Contractor shall provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

20. Contractor Personnel

Contractor’s Program Manager

The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

Contractor’s Employees

The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

21. Contractor Personnel

The Contractor is responsible for providing fully knowledgeable, trained staff that is competent to meet the requirements of this contract and fulfill all obligations of this contract.

All Contractor personnel assigned to the performance of this contract shall be required to sign in and sign out each day that the services are provided. The sign in/out sheet shall be provided by the COR on a weekly basis.

Government telephones shall not be used for personal reasons.

The Contractor shall ensure that they have sufficient backup employees in case contractor staff that is assigned to this contract calls in sick, on vacation and/or is not available on any specific day that the contractor employee is scheduled to work.

All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement of Government-owned furnishings, fixtures, equipment, and facilities. The Contractor shall be responsible for repair or replacement of Government-owned items or facilities to previous condition, if determined to be at fault by the COR.

The Contractor shall ensure that the employees assigned shall be cognizant of sexual harassment, drug-free workplace, and other appropriate federal employment requirements.

22. Insurance Coverage

The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

Contractor is required to provide copies of proof of Workers Compensation and Employee Public Liability Insurance within fifteen (15) calendar days after notification of contract award.

23. Invoicing and Payment

Overtime & Holiday Pay

Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

Contractor will bill and be paid for actual services provided by Contractor personnel. Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

Invoices

Payment of services rendered under this contract shall be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address specified by Contracting. Invoices shall reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes.

The Government shall not authorize payment until such time that the VAGLAHCS COR all properly executed and signed documentation.

No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i). Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

Exhibit 1 – AST Tanks Annual Tank Monitor Certifications

VA West Los Angeles, 11301 Wilshire Blvd, Los Angeles, CA

· Bldg. 12 - 1 – AST

· Bldg. 215g AST

· Bldg. 295 Upper – 2 AST 30,000-gallon ASTs

· Bldg. 295 Lower 1 – AST 1,000-gallon AST (not yet in service)

· Bldg. 236 AST

· Bldg. 299 – AST (generator bldg.)

· Bldg. 304 – 1 AST

· Bldg. 511 – 2 ASTs fleet fueling station

· North Side Bldg. 501A –2 ASTs (to be service to by 9/30/26)

· South Side Bldg. 501B – 1 AST

· Bldg. 605 1 – AST VA Sepulveda Ambulatory Care Center – 16111 Plummer Street, North Hills, CA

· Bldg. 200 – 1 AST (to be in service before September 2026)

· Bldg. 201 – 1 AST

· Bldg. 202– AST (next to boiler house) also known as Bldg. 40/100

· Bldg. 101 – 1 AST (Big Bertha Generator) VA Los Angeles Ambulatory Care Center, 351 Temple Street, Los Angeles, CA

· Level P2 garage Vaulted AST and remote generator day tank

SECTION B - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

B.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

B.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause) B.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

B.4 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

B.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and…